Business Commons^™

The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith

Faculty Scholarship

This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relationships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as fiduciary conforms to the following pattern: one party (the fiduciary) acts on behalf of another party (the beneficiary) while exercising discretion with respect to a critical resource belonging to the …

Social Entrepreneurship In Singapore, Wee Liang Tan, Teck Meng Tan

Research Collection Lee Kong Chian School Of Business

Social entrepreneurship is a new phenomenon in Singapore. Unlike the US, where there are entrepreneurship programs offered at various ACCSB accredited universities such programs do not as yet exist in Asia. The motivations for social entrepreneurship in Asia differ from those in developed countries. While as social entrepreneurship often stem from the social agenda of successful entrepreneurs who are motivated to repay society, the recent trend of social entrepreneurship in Asia may stem from initiatives directed at political liberalisation and the development of civil society on the part of existing governments. The Singapore government in 1997 introduced a series of …

Roundtable Series On Innovative Approaches To Land Conservation And Smart Growth, New England Environmental Finance Center

Smart Growth

A series of six roundtable discussions was conducted by the New England Environmental Finance Center (NE/EFC) from January through May 2002, one in each New England state. The objectives of the series were to consolidate expertise in financing and coordinating projects that combine conservation and development on the landscape, and to identify key areas of unmet need that could be addressed by the NE/EFC. Each discussion entailed several case study presentations and facilitated discussion about what works, what doesn’t work, and what might work in financing and coordinating efforts that combine conservation and development. Key areas of opportunity that emerged …

Changing The Culture Of Science: Teaching Research Ethics To Graduate Students And Post-Doctoral Fellows, Brian Schrag

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, October 11, 2001.

Research Ethics, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers published by the center, April 2002.

Teaching Research Ethics: An Institutional Change Model, Michael Pritchard

Center for the Study of Ethics in Society Papers

Paper presented to the center, April 2002.

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.

Appearances Are Important: Outsourced Internal Audit Services And The Perception Of Auditor Independence, Marshall A. Geiger, D. Jordan Lowe, Kurt J. Pany

Accounting Faculty Publications

The appearance of independence is an important facet of the regulation of auditor independence. The authors conducted a research study to gauge how some financial statement users—loan officers—view and make decisions based on loan proposals that present various types of relationships between the applicant, the auditor that performs the external audit, and the auditor that performs the internal audit function (whether performed in-house or outsourced to the hypothetical loan applicant's external auditor).

The results are insightful: The closer the relationship between the external auditor and the audit client, the higher the perception of inappropriateness, and the less likely the loan …

Social Entrepreneurship In Singapore (German Version), Wee Liang Tan, Teck Meng Tan

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Toward A Total-Cost Approach To Environmental Instrument Choice, Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Much of the theoretical literature on environmental instrument reflects a normative presumption that only "economic" instruments, such as effluent taxes or tradable quotas, can produce an efficient outcome. Other potential alternatives, such as non-tradable quotas or more general Pigovian taxes are ruled out as inherently inefficient. Moreover, most of the literature relies on an important but unwarranted presumption: that cost and benefit functions, although they may be subject to uncertainty, are identical regardless of the regime that is chosen; that is price and quota systems are assumed to face the same cost and benefit curves with the same expected values. …

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.

Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton

Winthrop Faculty and Staff Publications

In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …

Academic Freedom In Times Of Turmoil, Petr Kolar

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University November 5, 2001.

Sampling Concepts, Paul Boyd, Ph.D.

MBA Faculty Conference Papers & Journal Articles

The usefulness of any research is dependent upon how well the group studied represents the group about which decisions are to be made or conclusions drawn. That is, it depends upon how well the sample reflects relevant characteristics of the population. When it is possible to study every member of that group there is no problem, for on these occasions we can easily calculate the exact attribute (parameter) of interest for our population.

For example, if we were interested in determining the average number of gallons of gasoline sold to customers at our service station yesterday, we …

Health Care Organization Managers Beware-Understand Your Ethical Constraints, Ashish Chandra, Andrew Sikula Sr.

Management Faculty Research

Review of the book Business Ethics in Healthcare: Beyond Compliance.(2001). Leonard J. Weber. Bloomington: Indiana University Press. 196 pp.

The Bite Could Be Out Of Noncompete Clauses, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

While Virginia is generally a pro-business state, the courts do not favor employee noncompete agreements because they are restraints of trade.

Government Must Make Consequences Clear, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

With false-profits mania reigning supreme on Wall Street, Congress needs to establish an academy of corporate responsibility and integrity under the Securities and Exchange Commission. This executive training center would have as students the chief executives and financial officers and boards of directors of the nation’s publicly held companies. Senior partners at accounting companies need to be included in this back-to-school group, too. The enforcement-savvy teachers for this two-week academy would be lawyers and accountants from the commission and Justice Department.

Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.

Proposal For A Centralized And Integrated Registry For Security Interests In Intellectual Property, William J. Murphy

Law Faculty Scholarship

As the world economy enters the twenty-first century, job and wealth creation is increasingly based on innovation and creativity that, in turn, can give rise to important intellectual property rights. For many companies and individuals these intellectual property rights may represent their most valuable assets, or in some cases, their only valuable assets. As a result, intellectual property rights increasingly play a critical the role in financing.

Unlocking the job and wealth creating potential of intellectual property assets requires putting these assets into use, and that often requires a capital investment. Unfortunately, many entrepreneurs and innovators lack the capital necessary …

Taking Your Values Shopping: Conversations About Values And Fulfilment: Dialogue And Engagement With Customer Stakeholders In The Body Shop, Western Australia, Patricia Morrigan, Megan Paull

Research outputs pre 2011

The specific contribution to this field of study is about customer 'engagement', their values and fulfilment. In this research we wanted to have a conversation with customers of The Body Shop Australia (TBS) about taking their values shopping. We found that TBS customers were remarkably clear and passionate about their own personal values and had no trouble expressing them in a conversation with us. Customer stakeholders in this research expressed values that were 'postmaterialist', concerned with the environmentally human choice and self -expression, gave importance to belonging among family and friends and showed a marked lack of trust in global …

Enron And The Dark Side Of Shareholder Value, William W. Bratton

All Faculty Scholarship

No abstract provided.

The Rule That Isn't A Rule - The Business Judgment Rule, Douglas M. Branson

Articles

On a doctrinal basis, few areas of corporate law are more confused then the duty of care applicable to corporate officials and its handmaiden, the business judgment rule. The tendency of many scholars and practitioners has been to collapse the duty of care into the business judgment rule, as Professor Stuart Cohn pointed out more than a decade ago. The business judgment rule is a separate legal construct that is related to, but separate from, the duty of care and one which protects only proactive and not somnambulant directors and officers. The business judgment rule stays at center stage for …

The Social Responsibility Of Large Multinational Corporations, Douglas M. Branson

Articles

In the 1970s, legal scholars wrote extensively on the subject, as it was then known, "corporate social responsibility." Proposals surfaced for pubic interest directors, mandatory social accounting and disclosure, increased use of Security Exchange Commission (SEC) shareholder proxy proposals, federal minimum debate was eclipsed completely by the law and economics movement of the 1980s. Now, in the new century, the inquiry into social responsibility of large corporations has begun anew. This article is an attempt to take that inquiry, or debate, and place it in the international context.

I have four stories to tell. First is that much of the …

Never Trust A Corporation, William W. Bratton

All Faculty Scholarship

No abstract provided.

How I Learned To Stop Worrying And Love The Pill: Adaptive Responses To Takeover Law, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

No abstract provided.

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …

There Is Nothing More Diverse Than "New", Frederick A. Miller, Roger Gans

Communication Faculty Publications

In the organizational competition for talent, successful retention of newly recruited workers is at least as important as the initial hire. Still, many organizations fail to establish a sense of inclusion for new people in much the same way they often fail to create a sense of inclusion for people of color, women, people with foreign accents, or anyone with obvious differences from the “traditional group.” In most organizations, even those that have embarked on “diversity initiatives,” newly hired people often do not feel welcomed. Consequently, turnover rates in the first two years of employment are seven times greater than …

Audit Committee Effectiveness: A Synthesis Of The Empirical Audit Committee Literature, F. Todd Dezoort, Dana R. Hermanson, Deborah S. Archambeault, Scott A. Reed

Accounting Faculty Publications

The empirical audit committee literature is both diverse and expansive, with rapid growth in recent years based on increased concerns about corporate governance and the quality of financial reporting. Our objective in this paper is to synthesize empirical literature on audit committee effectiveness to guide future thinking and research on audit committees. To organize our review, we focus on four components that we believe contribute to audit committee effectiveness (ACE) - audit committee composition, authority, resources, and diligence.